Legal Opinion

Myers v. Rosenback

New York Court of Common Pleas

Decided June 3, 1895Published

Appeal from city court, general term. Action by Frederick S. Myers against Moses S. Bosenback. From a judgment of the city court (31 R Y. Supp. 993) affirming a judgment entered t on a verdict in favor of defendant, plaintiff appeals.

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Appeal from city court, general term. Action by Frederick S. Myers against Moses S. Bosenback. From a judgment of the city court (31 R Y. Supp. 993) affirming a judgment entered t on a verdict in favor of defendant, plaintiff appeals. The action was to recover $116.66 rent for the month of June, 1892, under a lease of premises 205 and 207 East Ninety-Ninth street, in this city, made December 23, 1891, for a term of four years and one month from January 1, 1892, at the yearly rent of $1,400, payable in equal monthly payments on the 1st of each month, in advance. The defendant vacated the…

1Opinion of the Court

DALY, O. J.

The defense was, in effect, that the lessor represented that the building which was to be demised was strong enough to support a gas engine of sufficient power for the lessee’s business of corset manufacture, for which he required power generated by steam or otherwise; that the lessor recommended a certain engine, which was put in by the lessee, but the vibration caused by it rendered the building unsafe, and prevented the lessee from carrying on his business; that upon the lessee’s suggestion the machine was removed to different places in the building, with a view to lessen *64the…

2Cases cited8 opinions

  1. Bennett v. . JudsonNew York Court of Appeals · 1860
  2. Marsh v. FalkerNew York Court of Appeals · 1869
  3. Daly v. . WiseNew York Court of Appeals · 1892
  4. Wakeman v. . DalleyNew York Court of Appeals · 1872
  5. Oberlander v. . SpiessNew York Court of Appeals · 1871

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